Single Source Procurement: People v Center for Living at Medford

The Department of Health (DOH) requested and received a Contract Reporter Exemption Request from the Office of the State Comptroller to enter into a single source contract with the law firm of Clarick, Gueron, and Reisbaum, LLP, to represent DOH in relation to its response to a third party subpoena that was served on the Department on March 17, 2015, in a lawsuit that is pending in New York State Supreme Court, Suffolk County. Representation will include discussions with both parties in the litigation to determine the scope of the subpoena request, review of responsive documents, redaction of documents, preparation of a privilege log, preparation of a witness, court conferences and appearances, discussions with DOH and ITS staff to ensure the Department provides a complete and appropriate response to the subpoena in compliance with Court Orders.

Clarick proposed a highly qualified team of lawyers with immediate availability, flexibility, and expertise particularly regarding representing Government entities. The Department's need was immediate due to an emergency situation requiring a response to an Order to Show Cause and potential Court appearance as an unrepresented non-party with only a few days' notice. A swift and precise response to the Court and to the attorneys involved was critical.

Nicole Gueron and Emily Reisbaum are the partners at CGR that are expected to work on this matter. They have many years of experience in matters of this type. Ms. Gueron and Ms. Reisbaum have each been admitted to the Bar in New York for almost 20 years. They were both Assistant United States Attorneys in the Southern District of New York, representing the federal government in civil matters of all sorts. Ms. Gueron also held a high level position in the Office of the New York State Attorney General.

For the past year, they have represented DOH, former Commissioner Shah, and current acting Commissioner Zucker, in the highly fought litigation in Kings County Supreme Court, and in the Appellate Division for the Second Department, over DOH's approval of the State University of New York's (SUNY) closure plan for Long Island College Hospital (LICH), located in downtown Brooklyn. In addition, they have represented DOH in litigation in Kings County Supreme Court concerning a challenge to DOH's approval of a closure plan for an adult home.

DOH and its Division of Legal Affairs (DLA) are pleased with CGR's representation in both matters. In light of our experience with CGR regarding the above, we believe that they are uniquely qualified to address the difficult and sensitive issues in the Medford case.

Based on the immediacy of the Department's need, Clarick's ability to respond immediately together with both the rate structure and deep level of experience of the Clarick team, DOH believes that Clarick will represent DOH the most effectively and efficiently.

Procurement / Program Name People v Center for Living at Medford
Contractor Name(s) Clarick, Gueron, Reisbaum LLP
Contract Period 4/20/2015 – 3/31/2016
Contract Number(s) C030515